Prahaben Chimanlal Bheda v. Dhiraj Jhethalal Bheda

904-nms-959.2019.doc bdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 959 OF 2019 IN ARBITRATION PETITION NO. 442 OF 2019 Prabhaben Chimanlal Bheda ... Applicant V/s.

Dhiraj Jhethalal Bheda ... Respondent .......

Mr. Bhavik Manek a/w Mr. Mani Thevar i/by M/s. Mahesh Menon and Co. for the Applicant.

Mr. Maulik Tanna a/w Mr. Neel Gala for the Respondent. .......

CORAM :

R.D. DHANUKA, J.

DATE :

17th JULY, 2019.

P.C.:

By a separate order passed by this Court in Arbitration Petition No.442 of 2019. This Court has already admitted the said Arbitration Petition.

2.

Heard learned Counsel for the parties.

3.

In the impugned award, the learned Arbitrator has considered the tenancy of property, determined the valuation thereof, decided the share of the landlord and has directed the applicant to pay

904-nms-959.2019.doc certain share to the respondent. There are several issues raised by the applicant in the arbitration petition, which requires detail consideration. In my prima-facie view, such directions could not have been issued by learned Arbitrator in respect of the tenanted premises. Applicant has made out a case for unconditional stay of the impugned award. Notice of Motion is made absolute in terms of prayer clauses (a) and (b) of arbitration petition. (R.D. DHANUKA, J.)